TWO British men, one of them the son of a mega-rich property developer, are to be charged over the disappearance of a Latvian waitress from a Marbella nightclub.
Privately-educated Westley Capper, 38, and pal Craig Porter, 34, will stand trial on charges of aggravated unlawful detention following an 18-month investigation, and could face up to 15 years imprisonment if convicted.
Agnese Klavina was aged 30 when she vanished after leaving famous Marbella club Aqwa Mist with the two men on September 6, 2014.
The trendy nightspot is a favoured haunt of celebrities including footballers, singers and Hollywood actors.
London-based lawyers had informed the suspects that the case against them had been cold after DNA evidence failed to link them to the case, but a Madrid police unit has now submitted an apparently incriminating report to a Marbella judge.
This supports the findings of Local Police, who are in possession of CCTV footage which depicts the men leaving the club with Agnese, and three unidentified men dragging a large suitcase onto Capper’s motor boat soon after she vanished.
The boat left Marbella and was seized some 300 kilometres away in Cartagena, but no body has been recovered.
Capper and Porter have admitted driving Agnese away from the nightclub but Capper claims he dropped her off near her apartment, while Porter was asleep on the back seat of the car.
Both men refused to testify during a hearing in Marbella in April 2015, but a court source has confirmed: “The investigating judge has committed Westley Capper and Craig Porter to trial on a charge of aggravated unlawful detention and discharged another two suspects.
“Capper and Porter remain on bail but as part of their conditional release conditions, they have to sign on twice a month and are banned from leaving Spain.
“If Agnese’s body were found, they could be charged with her homicide.
“Their appeals against their committal for trial, and a separate appeal by lawyers acting for Agnese’s family, have yet to be decided.”